Gordon Et Ux. v. Allen

Opinion by BRETT, C. This cause comes up on motion of defendant in error to dismiss appeal. The record contains no notice of the time and place of signing and settling of case-made, and no waiver of the'same. It does not appear that the defendant in error was present or represented by counsel at the time case-made was signed and settled, and no amendments were suggested by him. It is well settled in this jurisdiction that the record must show either notice of the time and place of the signing and settling of a case-made, or a waiver of the same, otherwise the case-made is held to be a nullity. Harrison v. Penny, 28 Okla. 523, 114 Pac. 734; Ft. Smith & Western Ry. Co. v. State National Bank of Shawnee, 25 Okla. 128, 105 Pac. 647; Thompson v. Fulton, 29 Okla. 700, 119 Pac. 244; Wood v. Jones, 32 Okla. 640, 122 Pac. 678; Walcher v. Burford, 47 Okla. 98, 147 Pac. 774; Martindale & Deichman v. Shaha, 51 Okla. 670, 151 Pac. 1019. We therefore recommend that the appeal be dismissed. By the Court: It is so ordered.